Carriage of freight by rail (Freightliner) (ORR Case No. 11/2013) [Archived]
Carriage of freight by rail (Freightliner) (ORR Case No. 11/2013) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Carriage of freight by rail (Freightliner) (ORR Case No. 11/2013) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the decision of 4 June 2019; it is no longer maintained.

See further, timeline, commentary and related cases.

Case facts

Outline Office of Rail and Road (ORR) Article 102 TFEU/Chapter II investigation into Freightliner Limited and Freightliner Group Limited in relation to arrangements with customers for the provision of deep sea container rail transport services between certain ports and key inland destinations in Great Britain (ORR Case No. 11/2013). The alleged abuse of dominance involves exclusionary exclusive purchasing obligations, minimum volume commitments, loyalty rebates and exclusivity-inducing rebates.

Latest developments On 4 June 2019, the ORR announced that it found no grounds to re-open the investigation following the expiry of the commitments offered by Freightliner in April 2019. The ORR explained that it had seen positive developments both in Freightliner’s behaviour, as well as in the wider market. The ORR further clarified that there was evidence of Freightliner’s competitors competing and winning customers on key routes. It noted that consolidation of the shipping industry—which means most of Freightliner’s customer base is now controlled by three large consortia—may also have shifted the balance of power.